NO. 07-00-0363-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
JUNE 27, 2001
______________________________
ANNETTE OLIVAREZ,
Appellant
v.
DIANA YOUNG LEE,
Appellee
_________________________________
FROM THE COUNTY COURT AT LAW NO. 2 OF POTTER COUNTY;
NO. 85,987-2; HON. PAMELA SIRMON, PRESIDING
_______________________________
On Motion to Correct Judgment
_______________________________
Before BOYD, C.J., QUINN and REAVIS, JJ.
Pending before the court is appellant Annette Olivarez’ motion to correct judgment wherein Olivarez questions the manner in which costs were taxed via our judgment. Through the latter, we ordered that “appellant pay all costs in this behalf expended . . . .” We deny the motion.
Because 1) a cross-appeal was filed on behalf of Diana Young Lee, making both Olivarez and Lee appellants, 2) we found in favor of a ppellant Olivarez and 3) we modified and affirmed the judgment of the trial court, we must classify Olivarez as the prevailing party who, therefore, is entitled to have the costs of court awarded to her. Tex. R. App. P. 43.4.
Thus, we clarify the judgment to read as follows: Diana Young Lee pay all costs in this behalf expended and deny the motion to correct the judgment filed by Annette Olivarez. Our judgment issued on June 12, 2001 is hereby withdrawn and a judgment clarifying the June 12 th judgment is issued in lieu thereof.
It is so ordered.
Per Curiam
Do not publish.